Full Text of HB2956 97th General Assembly
HB2956sam001 97TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 11/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2956
| 2 | | AMENDMENT NO. ______. Amend House Bill 2956 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Real Estate License Act of 2000 is amended | 5 | | by changing Sections 5-70 and 10-30 as follows:
| 6 | | (225 ILCS 454/5-70)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 5-70. Continuing education requirement; managing | 9 | | broker, broker, or salesperson.
| 10 | | (a) The requirements of this Section apply to all managing | 11 | | brokers, brokers, and salespersons.
| 12 | | (b) Except as otherwise
provided in this Section, each
| 13 | | person who applies for renewal of his or her license as a | 14 | | managing broker, real
estate broker, or real
estate salesperson | 15 | | must successfully complete 6 hours of real estate continuing | 16 | | education
courses approved by
the Advisory Council for each |
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| 1 | | year of the pre-renewal period. Broker licensees must | 2 | | successfully complete a 6-hour broker management continuing | 3 | | education course approved by the Department for the pre-renewal | 4 | | period ending April 30, 2010. In addition, beginning with the | 5 | | pre-renewal period for managing broker licensees that begins | 6 | | after the effective date of this Act, those licensees renewing | 7 | | or obtaining a managing broker's license must successfully | 8 | | complete a 12-hour broker management continuing education | 9 | | course approved by the Department each pre-renewal period. The | 10 | | broker management continuing education course must be | 11 | | completed in the classroom or by other interactive delivery | 12 | | method presenting instruction and real time discussion between | 13 | | the instructor and the students. Successful completion of the | 14 | | course shall include achieving a passing score as provided by | 15 | | rule on a test developed and administered in accordance with | 16 | | rules adopted by the Department. No
license may be renewed
| 17 | | except upon the successful completion of the required courses | 18 | | or their
equivalent or upon a waiver
of those requirements for | 19 | | good cause shown as determined by the Secretary
with the
| 20 | | recommendation of the Advisory Council.
The requirements of | 21 | | this Article are applicable to all managing brokers, brokers, | 22 | | and salespersons
except those brokers
and salespersons who, | 23 | | during the pre-renewal period:
| 24 | | (1) serve in the armed services of the United States;
| 25 | | (2) serve as an elected State or federal official;
| 26 | | (3) serve as a full-time employee of the Department; or
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| 1 | | (4) are admitted to practice law pursuant to Illinois | 2 | | Supreme Court rule.
| 3 | | (c) A person licensed as a salesperson as of April 30, 2011 | 4 | | shall not be required to complete the 18 hours of continuing | 5 | | education for the pre-renewal period ending April 30, 2012 if | 6 | | that person takes the 30-hour post-licensing course to obtain a | 7 | | broker's license. A person licensed as a broker as of April 30, | 8 | | 2011 shall not be required to complete the 12 hours of broker | 9 | | management continuing education for the pre-renewal period | 10 | | ending April 30, 2012, unless that person passes the | 11 | | proficiency exam provided for in Section 5-47 of this Act to | 12 | | qualify for a managing broker's license. | 13 | | (d) A
person receiving an initial license
during the 90 | 14 | | days before the renewal date shall not be
required to complete | 15 | | the continuing
education courses provided for in subsection (b) | 16 | | of this
Section as a condition of initial license renewal.
| 17 | | (e) The continuing education requirement for salespersons, | 18 | | brokers and managing brokers shall
consist of a core
curriculum | 19 | | and an elective curriculum, to be established by the Advisory
| 20 | | Council. In meeting the
continuing education requirements of | 21 | | this Act, at least 3 hours per year or
their equivalent, 6 | 22 | | hours for each two-year pre-renewal period, shall
be required | 23 | | to be completed in the core curriculum.
In establishing the | 24 | | core curriculum, the Advisory Council shall consider
subjects | 25 | | that will
educate licensees on recent changes in applicable | 26 | | laws and new laws and refresh
the licensee on areas
of the |
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| 1 | | license law and the Department policy that the Advisory Council | 2 | | deems appropriate,
and any other
areas that the Advisory | 3 | | Council deems timely and applicable in order to prevent
| 4 | | violations of this Act
and to protect the public.
In | 5 | | establishing the elective curriculum, the Advisory Council | 6 | | shall consider
subjects that cover
the various aspects of the | 7 | | practice of real estate that are covered under the
scope of | 8 | | this Act.
However, the elective curriculum shall not include | 9 | | any offerings referred to in
Section 5-85 of this Act.
| 10 | | (f) The subject areas of continuing education courses | 11 | | approved by the
Advisory Council may
include without limitation | 12 | | the following:
| 13 | | (1) license law and escrow;
| 14 | | (2) antitrust;
| 15 | | (3) fair housing;
| 16 | | (4) agency;
| 17 | | (5) appraisal;
| 18 | | (6) property management;
| 19 | | (7) residential brokerage;
| 20 | | (8) farm property management;
| 21 | | (9) rights and duties of sellers, buyers, and brokers;
| 22 | | (10) commercial brokerage and leasing; and
| 23 | | (11) real estate financing.
| 24 | | (g) In lieu of credit for those courses listed in | 25 | | subsection (f) of this
Section, credit may be
earned for | 26 | | serving as a licensed instructor in an approved course of |
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| 1 | | continuing
education. The
amount of credit earned for teaching | 2 | | a course shall be the amount of continuing
education credit for
| 3 | | which the course is approved for licensees taking the course.
| 4 | | (h) Credit hours may be earned for self-study programs | 5 | | approved by the
Advisory Council.
| 6 | | (i) A broker or salesperson may earn credit for a specific | 7 | | continuing
education course only
once during the prerenewal | 8 | | period.
| 9 | | (j) No more than 6 hours of continuing education credit may | 10 | | be taken or earned in one
calendar day.
| 11 | | (k) To promote the offering of a uniform and consistent | 12 | | course content, the Department may provide for the development | 13 | | of a single broker management course to be offered by all | 14 | | continuing education providers who choose to offer the broker | 15 | | management continuing education course. The Department may | 16 | | contract for the development of the 12-hour 6-hour broker | 17 | | management continuing education course with an outside vendor | 18 | | or consultant and, if the course is developed in this manner, | 19 | | the Department or the outside consultant shall license the use | 20 | | of that course to all approved continuing education providers | 21 | | who wish to provide the course.
| 22 | | (l) Except as specifically provided in this Act, continuing | 23 | | education credit hours may not be earned for completion of pre | 24 | | or post-license courses. The approved 30-hour post-license | 25 | | course for broker licensees shall satisfy the continuing | 26 | | education requirement for the pre-renewal period in which the |
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| 1 | | course is taken. The approved 45-hour brokerage administration | 2 | | and management course shall satisfy the 12-hour broker | 3 | | management continuing education requirement for the | 4 | | pre-renewal period in which the course is taken. | 5 | | (Source: P.A. 96-856, eff. 12-31-09.)
| 6 | | (225 ILCS 454/10-30)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 10-30. Advertising.
| 9 | | (a) No advertising, whether in print, via the Internet, or | 10 | | through any other media, shall be fraudulent, deceptive, | 11 | | inherently misleading, or
proven to be
misleading in practice. | 12 | | Advertising shall be considered misleading or untruthful if,
| 13 | | when taken as a whole,
there is a distinct and reasonable | 14 | | possibility that it will be misunderstood or
will deceive the
| 15 | | ordinary purchaser, seller, lessee, lessor, or owner. | 16 | | Advertising shall
contain all information
necessary to | 17 | | communicate the information contained therein to the public in | 18 | | an accurate,
direct, and readily
comprehensible manner.
| 19 | | (b) No blind advertisements may be used
by any licensee, in | 20 | | any media, except as provided for in this Section.
| 21 | | (c) A licensee shall disclose, in writing, to all parties | 22 | | in a transaction
his or her status as a
licensee and any and | 23 | | all interest the licensee has or may have in the real
estate | 24 | | constituting the
subject matter thereof, directly or | 25 | | indirectly, according to the following
guidelines:
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| 1 | | (1) On broker yard signs or in broker advertisements, | 2 | | no disclosure of
ownership is
necessary. However, the | 3 | | ownership shall be indicated on any property data
form and | 4 | | disclosed to
persons responding to any advertisement or any | 5 | | sign. The term "broker owned"
or "agent owned"
is | 6 | | sufficient disclosure.
| 7 | | (2) A sponsored or inoperative licensee selling or | 8 | | leasing property, owned
solely by the
sponsored or | 9 | | inoperative licensee, without utilizing brokerage services | 10 | | of
their sponsoring broker or
any other licensee, may | 11 | | advertise "By Owner". For purposes of this Section,
| 12 | | property is "solely
owned" by a sponsored or inoperative | 13 | | licensee if he or she (i) has a
100% ownership interest
| 14 | | alone, (ii) has ownership as a joint tenant or tenant by | 15 | | the entirety, or
(iii) holds a
100% beneficial
interest in | 16 | | a land trust. Sponsored or inoperative licensees selling or
| 17 | | leasing "By Owner" shall
comply with the following if | 18 | | advertising by owner:
| 19 | | (A) On "By Owner" yard signs, the sponsored or | 20 | | inoperative licensee
shall
indicate "broker owned" or | 21 | | "agent owned." "By Owner" advertisements used in
any | 22 | | medium of
advertising shall include the term "broker | 23 | | owned" or "agent owned."
| 24 | | (B) If a sponsored or inoperative licensee runs | 25 | | advertisements, for the
purpose of
purchasing or | 26 | | leasing real estate, he or she shall disclose in the
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| 1 | | advertisements his or her status as a
licensee.
| 2 | | (C) A sponsored or inoperative licensee shall not | 3 | | use the sponsoring
broker's name or
the sponsoring | 4 | | broker's company name in connection with the sale, | 5 | | lease, or
advertisement of the
property nor utilize the | 6 | | sponsoring broker's or company's name in connection
| 7 | | with the sale, lease, or
advertising of the property in | 8 | | a manner likely to create confusion among the
public as | 9 | | to whether or
not the services of a real estate company | 10 | | are being utilized or whether or not
a real estate | 11 | | company
has an ownership interest in the property.
| 12 | | (d) A sponsored licensee may not advertise under his or her | 13 | | own name.
Advertising in any media shall be
under the direct | 14 | | supervision of the sponsoring or managing broker and in the
| 15 | | sponsoring broker's
business name, which in the case of a | 16 | | franchise shall include the franchise
affiliation as well as | 17 | | the
name of the individual firm.
This provision does not apply | 18 | | under the following circumstances:
| 19 | | (1) When a licensee enters into a brokerage agreement | 20 | | relating to his or
her own
real estate, or real estate in | 21 | | which he or she has an ownership interest, with
another | 22 | | licensed broker; or
| 23 | | (2) When a licensee is selling or leasing his or her | 24 | | own real estate or
buying or
leasing real estate for | 25 | | himself or herself, after providing the appropriate
| 26 | | written disclosure of his or her ownership interest as |
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| 1 | | required in paragraph
(2) of subsection
(c) of this | 2 | | Section.
| 3 | | (e) No licensee shall list his or her name under the | 4 | | heading or title "Real
Estate" in the
telephone directory or | 5 | | otherwise advertise in his or her own name to the
general | 6 | | public through any
medium of advertising as being in the real | 7 | | estate business without listing his
or her sponsoring
broker's | 8 | | business name.
| 9 | | (f) The sponsoring broker's business name and the name of | 10 | | the licensee must
appear in all
advertisements, including | 11 | | business cards. Nothing in this Act shall be
construed to | 12 | | require specific
print size as between the broker's business | 13 | | name and the name of the licensee.
| 14 | | (g) Those individuals licensed as a managing broker and | 15 | | designated with the Department as a managing broker by their | 16 | | sponsoring broker shall identify themselves to the public in | 17 | | advertising , except on "For Sale" or similar signs, as a | 18 | | managing broker. No other individuals holding a managing | 19 | | broker's license may hold themselves out to the public or other | 20 | | licensees as a managing broker. | 21 | | (Source: P.A. 96-856, eff. 12-31-09.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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